Banana Republic Politics Led to Perry Charges: Defense

Texas Governor Rick Perry is accused of abusing his authority by trying to force out the Democratic prosecutor whose office probes government corruption throughout Texas after she was convicted of drunk driving. Photographer: Justin Sullivan/Getty Images

Speaking at a press conference yesterday in the state
capital, Houston lawyer Tony Buzbee said a team has been formed
“to defend an indictment that is absolutely improper. This is
wrong, and what the governor did was right.”

Buzbee was accompanied by Ben Ginsberg, a Washington lawyer
who represented the George W. Bush presidential campaign in the
2000 Florida election fight, Bobby Burchfield of Washington and
Austin criminal defense lawyer David Botsford. Also on the team
is Tom Phillips, former chief justice of the Texas Supreme
Court.

“There has been a near universal condemnation of this
indictment,” Buzbee said. “Governor Perry will fight this
indictment 100 percent and at the end of the day he will
prevail.” The defense will be paid in part by taxpayers, the
lawyers said, since the charges stem from Perry’s official
duties.

Perry, a Republican, is accused of abusing his authority by
trying to force out the Democratic prosecutor whose office
probes government corruption across Texas. Perry’s action
against Rosemary Lehmberg came after she was convicted of drunk
driving. She refused to step down, and Perry subsequently vetoed
funding for her office.

Cancer Institute

According to the nonprofit group that filed the initial
complaint, Perry’s bid to remove Lehmberg was part of a cover-up
designed to derail an investigation of a cancer research-funding
program he championed. The Cancer Prevention and Research
Institute of Texas has been criticized for funneling state funds
to Republican donors, and a former official was indicted last
year for mishandling grant money.

Buzbee said Perry was following the state constitution and
exercising his First Amendment rights when he vetoed funding for
the Travis County Public Integrity Unit.

At yesterday’s press conference, the attorneys played a
brief recording of Lehmberg after her arrest, in which she
accused police of ruining her “entire political career.”

Appropriations

Buzbee said the state appropriations bill had $7.5 million
in Texas taxpayer money in it to fund Lehmberg’s unit, and that
Perry couldn’t release that money in good conscience as long as
she was in charge.

“The issues raised in this matter are much larger than
just Governor Perry,” Buzbee said. “This is nothing more than
banana republic politics.”

Buzbee said Perry will waive arraignment in the case. A
court proceeding in the case is scheduled for Aug. 22, according
to court records.

Rudy Magallanes, a spokeswoman for the Travis County
District Attorney’s office, said in an e-mail this weekend that
Lehmberg declined to comment on the case.

Michael McCrum, the white-collar defense lawyer brought in
to lead the Perry investigation, expressed confidence in charges
he said are based on more than 40 interviews and hundreds of
documents.

“I looked at the law and I looked at the facts,” McCrum,
a Republican, said last week. “The grand jury has spoken that
at least there’s probable cause he committed two felony
crimes.”

Perry was indicted Aug. 15 on two charges, one of abuse of
official capacity and one of coercion of a public servant.

Felony

The abuse of official capacity charge is a first-degree
felony and carries a possible prison sentence of five to 99
years, McCrum said. The coercion charge is a third degree
felony, punishable by two to 10 years in prison, he said.

Perry is charged in the indictment with abusing his office
by misusing state funds in a manner “contrary to the oath of
office he took as a public servant.” He also tried to coerce
Lehmberg into failing to carry out her elected responsibilities
by threatening to veto a measure already approved by the
legislature, according to the document.

An arraignment date will be set this week, according to
McCrum. It might be three months to a year before a trial
begins, he said.

Perry, 64, speaking on the Sean Hannity radio show
yesterday, said the indictment reflects a “process being
prostituted.”

“This needs to be exposed for the absolute corrupt process
that it is,” he said, pointing to the timing of the indictment
as he’s trying to boost his national profile ahead of a
potential 2016 White House bid.

“The timing is suspect, to say the least,” he said.

Botsford said it was Perry’s First Amendment right to call
for Lehmberg’s resignation and link it to the veto.

“That conduct is protected and it is not illegal,” he
said. “We tried to educate the special prosecutor of all the
concerns” he said, adding “that education apparently did not
get through.”

The case is The State of Texas v. Perry, D-1-DC-14-100139,
390th Judicial District of Travis County, Texas (Austin).